Sec. 35. Obstructions.
No person shall obstruct a street, sidewalk, or the space vertically
above the same, by placing therein anything whatsoever
which will hinder or obstruct the passage of persons or vehicles
in any manner whatsoever; any person violating this section shall
be fined not less than one dollar nor more than five dollars for each
offense; and every hour the violation continues may, in the discretion
of the civil and police justice, be held to be a separate offense;
but this section shall be subject to the following limitations,
exceptions and provisos, to wit:
(a) Telegraph, telephone, and electric light and power companies
holding franchises may place such reasonable number of
poles as may be requisite for their business; but said poles shall
be located or moved according to the directions and under the
supervision of the city manager.
(b) One-half of the street between curb lines opposite a lot
upon which any building or wall is being erected may be used for
the purpose of laying timber and other building materials during
such reasonable time as may be necessary for such erection, but no
longer. Should there be buildings in course of construction, on
the opposite sides of the street at the same time, then each may
occupy one-fourth of such street. When such building or wall is
being erected, the sidewalk in front thereof shall not be obstructed;
but, for the protection of persons passing, a shed or platform
shall be erected over the sidewalk which shall be at least seven and
one-half feet high, as wide as the pavement and as long as the
building or wall which is being constructed, under which persons
may safely walk. Any damage done to the street or sidewalk by
such building or contractor shall be repaired by him.
(c) Merchants and others, while receiving goods or articles,
may place the same on the outer margin of the sidewalk, using
as much thereof as may be necessary, and no more, provided the
public is not deprived thereby of the free, easy and comfortable
use of the sidewalk. Such occupation of the sidewalk shall be
for only such time as may be necessary for such reception or delivery.
It shall be the duty of the police to see that the sidewalks
are not so obstructed as to deprive the public of the use thereof
as hereinbefore described. They are hereby clothed with the
power to require goods and other articles which in their opinion
obstruct the sidewalk to be moved at once.
(d) The persons placing such obstructions on the streets or
sidewalks shall be responsible for any damages caused thereby.
(Id., § 164.)
